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Reaves v. Abdullah

197 A.D.2d 911 Court N.Y. App. Div. Decision date 1993-10-01 Docket Appeal No. 1 English

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p. 911
In the Matter of Evelyn Reaves, Respondent, v Nathaniel Abdullah, Appellant.
(Appeal No. 1.)
[603 NYS2d 788]

—Order unanimously affirmed without costs. Memorandum: In his answer to the paternity petition, respondent requested that Family Court review his criminal conviction and direct Auburn Correctional Facility, where he is incarcerated, to permit his participation in a visitation program. That relief was properly denied. Family Court has no jurisdiction to consider criminal matters (see, People v Rogers, 248 App Div 141 , affd 272 NY 612 ; see also, Family Ct Act § 115) nor to entertain proceedings to compel an act by a prison official (see, CPLR 7804 [b]). (Appeal from Order of Monroe County Family Court, Miller, J.—Visitation.) Present—Green, J. P., Balio, Fallon, Doerr and Boehm, JJ.

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